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  1. #1
    Join Date
    Jan 2014
    Posts
    2

    Angry Bought a Car That Won't Pass Smog, Seller Won't Give Money Back

    My question involves vehicle registration or title in the state of: California

    Last week I purchased a used vehicle, and at the time of the purchase the owner (a small Chinese girl studying abroad, assumed she was sincere) guaranteed that it would pass smog, and showed me a bill of sale on a transmission replacement one year prior. I had the car checked by a mechanic and he said that there weren't any serious issues with it. So I bought it. We signed all the appropriate forms and what not, and I went on my way.

    Then on the way home, the check engine light came on... I took it to my mechanic and he said that the transmission is failing (great), and it apparently only had a 3 month warranty on it. With the Check Engine light on, it won't pass smog.

    I called the seller explaining to him the situation and she gave me a hard time then had to go. Then she mostly ignored my requests for contact, and wont let me return the vehicle.

    I've put about 100 miles on it, and haven't taken it into the DMV to register it yet because it wont pass smog.

    What are my options at this point? Can you show me any relevant laws or regulations to help make her refund me?

    Thanks.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Bought a Car That Won't Pass Smog, Seller Won't Give Money Back

    I don't need to tell you never buy a vehicle without a current smog cert now do I? It must be within 90 days. You will need to sue her in small claims court.

  3. #3
    Join Date
    Jan 2014
    Posts
    2

    Default Re: Bought a Car That Won't Pass Smog, Seller Won't Give Money Back

    Anything I can show her or tell her to entice her to refund me, other than just small claims court?

    - - - Updated - - -

    Better question. Can someone link me to the California state law that says the seller MUST smog prior to sale, and if they don't and the vehicle can't be smogged after sale, they must pay for the repairs to get it smogged?

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